Filed: Jan. 08, 2020
Latest Update: Jan. 08, 2020
Summary: ORDER GRANTING PLAINTIFF'S EX PARTE MOTION FOR SUBSTITUTED SERVICE (ECF No. 7) ANTHONY P. PATTI , Magistrate Judge . On November 19, 2019, Plaintiff filed a complaint, which alleges that Defendants are responsible for federal trademark infringement, federal unfair competition, and unfair and deceptive trade practices under Michigan state law. Plaintiff seeks various forms of relief. ( See ECF No. 1, PageID.9-21.) On November 20, 2019, the Clerk's Office issued a summons for each
Summary: ORDER GRANTING PLAINTIFF'S EX PARTE MOTION FOR SUBSTITUTED SERVICE (ECF No. 7) ANTHONY P. PATTI , Magistrate Judge . On November 19, 2019, Plaintiff filed a complaint, which alleges that Defendants are responsible for federal trademark infringement, federal unfair competition, and unfair and deceptive trade practices under Michigan state law. Plaintiff seeks various forms of relief. ( See ECF No. 1, PageID.9-21.) On November 20, 2019, the Clerk's Office issued a summons for each ..
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ORDER GRANTING PLAINTIFF'S EX PARTE MOTION FOR SUBSTITUTED SERVICE (ECF No. 7)
ANTHONY P. PATTI, Magistrate Judge.
On November 19, 2019, Plaintiff filed a complaint, which alleges that Defendants are responsible for federal trademark infringement, federal unfair competition, and unfair and deceptive trade practices under Michigan state law. Plaintiff seeks various forms of relief. (See ECF No. 1, PageID.9-21.) On November 20, 2019, the Clerk's Office issued a summons for each Defendant. (ECF Nos. 5-6.) Thus, absent an order stating otherwise, Plaintiff has until mid-February 2020 to effect service upon Defendants. Fed. R. Civ. P. 4(m).
Currently before the Court is Plaintiff's ex parte motion for substituted service, wherein Plaintiff cites Fed. R. Civ. P. 4 and MCR 2.105 and describes "apparent intentional avoidance of service of summons and complaint[.]" (ECF No. 7, PageID.47-49.) The motion is supported by the affidavit of Chris Warren, who describes himself as a "professional Process Server[.]" (ECF No. 8.) Upon consideration, the motion (ECF No. 7) is GRANTED. Plaintiff may effectuate service of process upon Defendants by: (a) posting a copy of the Summons and Complaint, along with a copy of this Order, at the Defendant Big Burgzs restaurant in Detroit, Michigan: and, (b) mailing a copy of the Summons and Complaint, along with a copy of this Order, to the same address via U.S. mail.
IT IS SO ORDERED.
